Subtitle 42 – Department of Consumer Protection and Business Licensing

In this subtitle, the following terms have the meanings indicated.

“Board” means the Baltimore City Board of Consumer Protection and Business Licensing.

“Business” means any person engaged in an enterprise for profit that operates in Baltimore City.

“Complainant” means the person who initiated a complaint to the Department of Consumer Protection and Business Licensing under this subtitle.

“Department” means the Baltimore City Department of Consumer Protection and Business Licensing.

“Director” means the Director of the Baltimore City Department of Consumer Protection and Business Licensing or the Director’s designee.

“Respondent” means a business that is the subject of a complaint under this subtitle.

“Unfair, abusive, or deceptive trade practices” has the meaning stated in Title 13 of the State Commercial Law Article.

to centralize the administration of City business licenses, permits, and practices specified in subsection § 42-9 {“Business practices under oversight of the Department – Listing”} of this subtitle;

to ensure compliance with City licensing requirements;

to ensure City businesses are properly licensed and operating in accordance with City law;

to investigate claims of unfair, abusive, or deceptive trade practices; and

to enforce business licensing and consumer protection provisions of the City Code.

administer, oversee, and enforce City business licenses, permits, and practices, including business processes and related licenses created by the subtitles specified in § 42-9 {“Business practices under oversight of the Department – Listing”} of this subtitle;

receive complaints and take action to investigate complaints of:

set licensing fees, with the approval of the Board of Estimates;

bring enforcement actions against a business for violating City law, including initiating a hearing before the Board of Consumer Protection and Business Licensing;

issue summonses and subpoenas during an investigation under this subtitle;

issue environmental citations, as described under subtitle 40 of this article;

issue civil citations, as described under subtitle 41 of this article;

report to any appropriate government agency with jurisdiction any information concerning violation of any consumer protection law; and

advise the Mayor and City Council on issues relevant to City business licensing and consumer protection.

The Director is responsible for the administration and oversight of the Department.

The Director is appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>.

The Director shall receive such salary as may be provided for in the Ordinance of Estimates.

The Department may employ staff in accordance with the Ordinance of Estimates.

The Department may expend funds authorized in the Ordinance of Estimates or any supplemental appropriations.

the activities of the Department; and

complaints received by the Department, including the following information:

recommendations for additional legislation and policy to regulate business licensing and protect consumers.

Subtitle 1. Auctions Subtitle 4. Unfair, Abusive, or Deceptive Trade Practices Subtitle 6. “Going Out of Business” Sales Subtitle 7. Scrap Collectors and Scavengers Subtitle 8. Scrap Metal Dealers Subtitle 10. Motor Fuel Sales Subtitle 11. Pawnbrokers Subtitle 12. Second-Hand Property, Antiques, and Consignment Goods

Subtitle 13. Licensing of Peep Show Establishments

Subtitle 2. Amusements Subtitle 3. Amusement Device Location Permits Subtitle 6. Carriages, Wagons, Boats, and Scows Subtitle 7. Employment Agencies Subtitle 9. Late-Night Commercial Operations Subtitle 11. Massage Establishments Subtitle 12. Commercial Parking Facilities Subtitle 13. Special-Event Parking Lots Subtitle 15. Street Entertainers Subtitle 17. Street Vendors Subtitle 18. Itinerant Wholesale Produce Dealers Subtitle 20. Transient Merchants Subtitle 22. Towing Services – Trespass Towing

The Board comprises the following 5 members, appointed by the Mayor in accordance with Article IV, § 6 {“Appointments of municipal officers.”} of <cite data-doc="City of Baltimore, Md., Charter">the Baltimore City Charter</cite>:

A Board member must:

The Director shall designate Department staff to assist the Board in carrying out its functions.

A Board member shall serve a term of 4 years, concurrent with the terms of the Mayor and the City Council and, at the end of a term, a Board member continues to serve until a successor is appointed and qualified.

The members of the Board shall annually elect a chair from among the members of the Board.

If there is a vacancy in the membership of the Board, the new member shall be appointed in the same manner as the previous member.

The members of the Board shall receive no compensation for their services on the Board, but shall be reimbursed for the reasonable and necessary expenses incurred in the performance of their duties.

Any appointed member of the Board who fails to attend 4 consecutive meetings without good cause, as determined by the Mayor, shall be deemed to have resigned.

The Board shall adjudicate all hearings of the Department, unless otherwise provided by law.

In coordination and consultation with the Department, the Board shall:

As appropriate, the Board may hold informational hearings and undertake surveys and studies to:

The Board shall submit an annual report on its activities to the Department to be included in the Department’s annual report to the Mayor and City Council, as described in § 42-8 {“Annual report”} of this subtitle.

The Director may issue a written complaint alleging that a business is committing or has committed 1 or more of the acts described under § 42-28(a) {“Investigation procedures: Initiation of investigation”}.

For a complaint filed under § 42-26(a) {“Commencement of action: On complaint of other”} of this subtitle, the Director must redact from the copy sent to the respondent:

The Department shall investigate a complaint alleging that a business is:

If the Director determines that the report of findings contains information tending to substantiate an allegation in the complaint, the Director may, as appropriate for the nature of the offense and subject to other applicable law, take 1 or more of the following actions:

Before revoking or suspending a license, the Department must provide notice and opportunity for a hearing before the Board, unless otherwise provided by law.

In lieu of any other civil or criminal remedy or enforcement procedure, a person operating a business that is required to be licensed by one of the subtitles listed under § 42-9 of this subtitle may be issued a civil citation for:

The issuance of a citation to enforce the provisions of a business license created in the subtitles listed under § 42-9 of this subtitle does not preclude the City from pursuing any other civil or criminal remedy or enforcement action authorized by law.

If the Director refers a complaint for a hearing before the Board under § 42-29 {“Director’s action upon completed report of findings”} of this subtitle, the Board must provide the respondent with notice and an opportunity for a hearing before the Board.

In any hearing conducted by the Board, the respondent is entitled to be represented by counsel.

The Board may issue a subpoena to require any person to:

The Chair may administer oaths as permitted under this subtitle.

If, upon consideration of the entire record produced at the hearing, the Board finds by a preponderance of the evidence that the respondent has violated the City Code, the Board may, as appropriate for the nature of the offense and subject to other applicable law, take 1 or more of the following actions:

In ordering any remedy, the Board shall consider:

If any person does not comply with any subpoena issued under this subtitle, the Director may enforce the subpoena by seeking injunctive or other appropriate relief in a court of competent jurisdiction.

The Director may bring an action in any court of competent jurisdiction to recover any civil penalty imposed by the Director or the Board.

The Director may bring an action in any court of competent jurisdiction to enforce any order, decision, or other enforcement action of the Board.

The Director may seek injunctive or other appropriate relief in a court of competent jurisdiction to enforce any provision of law under the Department’s jurisdiction.

The Department and Board may request the assistance of other City departments as necessary to carry out the Department and Board’s respective duties under this subtitle.

To the extent permitted by the Maryland Public Information Act, after a complaint is filed:

To the extent permitted by the Maryland Public Information Act, the confidentiality protections imposed by this section terminate when the Director or Board determines that the respondent or another person has violated any provision of the City Code under the Department’s jurisdiction.